Poe v. Kelley

Filing 11

ORDER approving and adopting in their entirety the 10 findings and recommendation as this Court's findings in all respects; dismissing the 2 petition for writ of habeas corpus filed by Corey Poe; denying all requested relief; and denying a certificate of appealability. Judgment will be entered for respondent Wendy Kelley. Signed by Judge J. Leon Holmes on 7/6/2016. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION COREY POE v. PETITIONER NO. 5:16-cv-00047 JLH WENDY KELLEY, Director of the Arkansas Department of Correction RESPONDENT ORDER The Court has received findings and a recommendation from Magistrate Judge Patricia S. Harris. No objections have been filed. After a careful, de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. The petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Corey Poe is dismissed. All requested relief is denied, and judgment will be entered for respondent Wendy Kelley. In accordance with Rule 11(a) of the Rules Governing Section 2254 Cases In The United States District Courts, a certificate of appealability is denied.1 IT IS SO ORDERED this 6th day of July, 2016. UNITED STATES DISTRICT JUDGE 1 The Court is not convinced that petitioner can make a “substantial showing of the denial of a constitutional right.” See 28 U.S.C. 2253(c)(2).

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